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AMERICAN MACHINE & METALS v. DE BOTHEZAT IMPELLER CO.

No. 129, Docket 20816.

166 F.2d 535 (1948)

AMERICAN MACHINE & METALS, Inc. v. DE BOTHEZAT IMPELLER CO., Inc.

Circuit Court of Appeals, Second Circuit.

March 10, 1948.

Attorney(s) appearing for the Case

Alphonse Kenison, of New York City (Leonard P. Moore and Charles Pickett, both of New York City, of counsel), for appellant.

Royal E. Mygatt, of New York City (Watson Washburn, of New York City, of counsel), for appellee.

Before SWAN, CHASE and FRANK, Circuit Judges.

SWAN, Circuit Judge.

This appeal presents a question under the Declaratory Judgment Act, 28 U.S.C.A. § 400, which authorizes the courts of the United States "in cases of actual controversy" to declare "rights and other legal relations of any interested party petitioning for such declaration," without regard to whether further relief is or could be sought. Before answering the complaint, the defendant moved, pursuant to Rule 12(b) of the Federal Rules of Civil...

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